If you were put under pressure to sign a contract, a judge may void that contract if you're later sued for breach of contract. If someone threatened you if you didn't sign a new contract, or sign a modification to an existing contract, you may be able to use the defense of duress. This defense does more than excuse you from breaching the contract – it voids the contract entirely so that legally it no longer exists.[1]

Steps

Part 1

Answering the Complaint

1

Read the complaint and summons. When you are served with a lawsuit for breach of contract, you'll receive a summons, which tells you when and where to appear in court and how long you have to respond. The complaint contains the factual allegations against you.[2]

Check the court where the plaintiff filed the lawsuit. If it's far away, you may have an argument that the court doesn't have personal jurisdiction over you.

Generally speaking, the plaintiff must sue you in the county where you live, where your business is located, or where the contract was signed.

Pay attention to your deadline to respond. If you don't file an answer within that period, the plaintiff may be able to win the lawsuit by default.

The deadline to respond typically is a period of time that begins on the day you were served with the lawsuit. In a county civil court you may have as long as 30 days, but if you were sued in small claims court you may only have a couple of weeks.

Call the clerk of the court where the lawsuit was filed if you have any questions about when your response is due.

2

Consider hiring an attorney. If you were sued in small claims court, you don't need and likely aren't allowed to have an attorney represent you. However, you are free to consult with one regarding your defenses.[3]

Keep in mind that if you are being sued in your capacity as the owner of a business, some states require businesses to be represented by an attorney in court – even in small claims.

If the other party has an attorney, you likely want someone on your side as well. Look for an attorney with experience defending against breach of contract lawsuits.

If you don't have any recommendations from friends or colleagues, start with the searchable directory on your state or local bar association's website. The attorneys listed in these directories are licensed and in good standing to practice law in your geographic area.

3

Gather information about the case. Before you draft your answer, get your copy of the contracts involved in the lawsuit, as well as any additional information you may have regarding the duress under which you signed the contract.[4][5]

You must have a copy of the contract you signed. If it was a modification of an existing contract, pull your copies of both documents.

If you want to claim the contract is unenforceable because you were under duress, you need some proof of that claim. Duress is an affirmative defense, which means if you raise it you bear the burden of proof.

While some affirmative defenses merely excuse performance, if there was duress in the making of the contract, the contract is considered void and unenforceable.

Blackmail is a common example of duress. If the person suing you threatened to harm you or a member of your family unless you signed the contract, that's blackmail – and it's also duress that voids the contract.

You also might have economic duress, in which the plaintiff used economic pressure to force you to sign or modify a contract.

For example, if the plaintiff was providing you with material you needed for your construction business and when she knew you had a deadline looming she refused to deliver the necessary materials unless you agreed to pay a higher price, that would be economic duress.

Keep in mind that in some cases, you won't really have any documentation of the duress – you'll have to call witnesses to support your side of the story.

4

Draft your answer. Your answer must include a response to each and every allegation contained in the complaint, as well as your defenses. If you have any defenses in addition to duress, you should include those as well.[6]

If the plaintiff filed their lawsuit in small claims court, the court papers you received probably included a blank answer form for you to fill out.

Most county courts also have blank answer templates you can use to draft your answer. Contact the clerk's office or check the court's website.

Throughout your answer, you want to address yourself as "Defendant" and the person who sued you as "Plaintiff." Say whether you admit, deny, or lack sufficient information to either admit or deny each and every numbered allegation in the complaint.

Be careful what you choose to admit. When you deny an allegation, you aren't necessarily saying it isn't true – you're simply requiring the plaintiff to carry their burden of proving it is true. For this reason, you typically want to deny most if not all of the allegations.

Include duress as an affirmative defense after you've responded to the allegations.

You also should include any other defenses you think might apply to your situation, even if they contradict your duress claim. This is what lawyers call "arguing in the alternative" and the court treats the two or more defenses completely separately, as though they have nothing to do with one another.

When you've finished your answer, make sure you've proofread it carefully before you print and sign it.

5

File your answer. Once you've finalized your answer, take it along with at least two copies to the clerk of the court where the lawsuit was filed. You must submit your originals to the court and have a copy served on the person who sued you.[7]

You typically don't have to pay any filing fees to file an answer. The clerk will stamp them "filed" with the date and keep your originals for the court files. You'll get your copies back – one to deliver to the plaintiff and one for your own records.

Technically anyone over the age of 18 who isn't involved in the case can officially serve the documents by hand delivering them. However, the easiest way to complete service typically is to mail the documents using certified mail with returned receipt requested.

The green card you get back when the plaintiff (or their attorney) receives your documents constitutes proof of service.

You also have the option of using the sheriff's department or a private process serving company to hand-deliver the documents. You'll have to pay them a small fee for their services.

Part 2

Litigating Your Case

1

Conduct discovery. Through discovery, you and the other party will exchange evidence and information regarding the contract and the circumstances surrounding it. Since your duress claim depends on evidence of events outside the contract itself, discovery may be crucial to your defense.[8][9]

In a civil case, discovery typically consists of written discovery and depositions. Through written discovery, you and the plaintiff have the opportunity to send each other written questions (called "interrogatories"), requests for production of documents, and requests for admissions. These questions must be answered in writing under oath.

Depositions are live interviews taken under oath and transcribed by a court reporter. Depositions can be time-consuming and costly. If you haven't already hired an attorney, you should do what you can to hire one if you receive a request to schedule a deposition from the plaintiff.

If you were sued in small claims court, there typically won't be discovery. If there is, you must get the court's permission first and it will be limited to written discovery.

2

Talk to witnesses. Since a duress claim relies on actions by the other party during the time of the negotiation and signing of the contract, anyone who was present could potentially be a witness on your behalf.[10][11]

Your own employees or business partners may have witnessed coercive acts on the part of the plaintiff. It also is likely that the plaintiff's employees or partners could corroborate the threats the plaintiff made to you – but getting them to testify on your behalf is another story.

If you find someone who is willing to testify as a witness, you need to meet with him or her several times before the trial to go over the questions you plan to ask them as well as the questions they may be asked by the plaintiff on cross-examination.

3

Attempt mediation. Through mediation, a neutral third party facilitates a discussion with you and the person who sued you to resolve your differences and settle the dispute. Some courts require the parties to at least attempt mediation before a trial will be scheduled.[12][13]

Mediation is designed to be non-confrontational and non-adversarial. However, given your experience with the plaintiff, you'd be best served by not expecting much to happen.

If the person threatened or intimidated you before, they may try to do so again. People who conduct business that way tend to be skilled at emotional manipulation, and depending on your relationship with the plaintiff, mediation ultimately may do more harm than good if you're not careful.

Mediation typically begins with all the parties together in one room, and then you and the plaintiff will be split off into separate rooms and the mediator will move back and forth between you delivering messages and attempting to facilitate a compromise.

Be open and honest with the mediator and explain in no uncertain terms the duress you experienced when signing the contract. Bring along any proof of the duress you have, including emails or voicemail messages.

If you do manage to reach a settlement through mediation, make sure you get a signed, written agreement before you leave. Mediation itself is a voluntary process, but any written settlement agreement signed by both parties is legally enforceable.

4

Organize your evidence for trial. If you are unable to resolve the dispute, you must gather your evidence and prepare the statements you plan to make to the judge to defend yourself against the breach of contract action.[14]

If you're handling your case on your own, make an outline of your opening statement and practice it several times in front of a mirror or using friends or family members as an audience. Practice until you're comfortable and confident about what you'll say.

Pull together all your copies of documents filed with the court, as well as any evidence you may have to prove your duress defense or any other defenses.

Typically it's best to keep your information for each defense separate – use separate folders or binder with dividers. If you intend to use a particular document as evidence to support more than one defense, make separate copies for each defense you want to argue.

If you have the time and opportunity, you may want to go to the court where your trial will be held and listen to other cases. You can get a good idea of what will be expected of you on the day of your trial as well as learn a little about the judge's attitude and demeanor.

Part 3

Attending Your Trial

1

Appear on your scheduled court date. When the date of your trial arrives, try to get to the courthouse at least a half hour before you are scheduled to be before the judge, so you have time to get through courthouse security and find the correct courtroom.[15][16]

As far as how you should dress for court, don't worry about buying a suit if you don't have one – just wear clean, professional attire similar to what you'd wear to a job interview.

Check with the clerk or on the court's website before your court date for a list of items that are forbidden in the courthouse. You don't want to inadvertently have something such as a pocket knife on you that would get confiscated by security at the entrance.

Typically you can find a docket sheet in the court lobby or in the clerk's office that lists the cases being heard that day and which courtroom they've been assigned.

When you find your courtroom, take a seat in the gallery. The judge likely will be hearing several cases that day, so you should wait until your case is called before you head to the front of the room.

2

Listen to the plaintiff's presentation. Since the other person filed the claim against you, they have the first opportunity to explain their case to the judge and lay out the allegations against you along with any evidence they have to back up their claims.[17][18]

Don't disrupt the plaintiff or shout out while they're speaking. If you hear something you want to mention later, write it down so you don't forget it when it's your turn.

If the plaintiff calls witnesses, you'll have the chance to cross-examine them. If you're representing yourself, be careful. Don't ask the plaintiff's witnesses questions if you have no idea how they'll answer – this could end up hurting more than it helps.

Pay close attention even if you have an attorney. If there's something you think your attorney should know about something the plaintiff said or a piece of evidence the plaintiff introduced, write him or her a note about it.

3

Present your defense. Once the plaintiff has finished, you will get a chance to tell your side of the story, including presenting your defense that the contract should be void because you signed it under duress.[19][20]

Your defense presentation typically will follow the same format as the plaintiff's did. If you're representing yourself, use your outline so you can make sure you don't forget something. #*Start with your strongest argument or defense and then move to the next-strongest, and so on. Depending on how things go, you may not need to present your weaker points.

Speak to the judge, not to the plaintiff, using a loud and clear voice. Stick to the facts, and avoid making emotional pleas. Keep in mind that any plea for sympathy you can come up with the judge has probably already heard a hundred times.

If the judge interrupts you or asks you a question while you're speaking, stop and answer that question. You can pick up where you left off when the judge indicates that you may continue.

If you call witnesses, you can ask them questions. Keep in mind that the plaintiff will have the right to cross-examine any witness you call.

4

Receive the judge's ruling. Depending on the court and the complexity of the case, the judge may issue a ruling from the bench at the conclusion of the trial, or take the matter under advisement and review the evidence before making a decision.[21][22]

If you don't receive a ruling from the judge at the conclusion of the trial, ask the clerk when you can expect the order to be issued. you also should find out whether you'll be notified when the order is issued or are responsible for seeking it out on your own.

Keep in mind that the deadline to appeal the judge's ruling starts on the day the order is entered, so it's in your best interests to secure your copy of the order as soon as possible so you can plan your next steps if the judge doesn't rule in your favor.